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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Rahmat Rahmat
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia
Religion

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Penerapan Trias Politika di Indonesia dalam Tinjauan Fikih Siyāsah Rahmat Rahmat; Indah Baharilla
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v4i3.1152

Abstract

This research aims to understand the concept of siyᾱsah jurisprudence, to find out the application of the trias politica in Indonesia, and to find out the review of siyᾱsah jurisprudence regarding the application of the trias politica in Indonesia. This research is qualitative research, which means the data used in the research is qualitative data. Qualitative data includes data in the form of sentences in the form of statements and certain indices except numbers. Meanwhile, the form of research is library research. The results of this research found that the concept of siyᾱsah fiqh is to form a political system of government in a daulah that is based on Islamic law with complete and systematic components in order to achieve the goals of the law. Indonesia, in its system of sharing state power, tends to follow the concept of trias politica put forward by Montesquieu, but the application of this concept is not stated explicitly. The application of the trias politica in Indonesia, which is stated in the 1945 Constitution, is justified by the siyᾱsah fiqh. Because the same concept is also applied by Islamic politics, even though in essence, since its inception, Indonesia was not a country based on Islamic law but contained Islamic values.
Analisis Ijtihad ʻAbdullah Bin ʻAbbās pada Masalah ‘Aul dan Radd dalam Fikih Mawārīṡ Suleha Suleha; Rahmat Rahmat; Irsyad Rafi
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v3i4.1645

Abstract

The aim of this research is to analyze the ijtihad (jurisprudential reasoning) of ʻAbdullah bin ʻAbbās regarding the issues of ‘Aul and Radd within the context of Islamic inheritance law (fikih mawāriṡ). This study employs a literature review method (library research) with a normative juridical approach, seeking legal sources through evidence from the Qur’an, the sayings of the Prophet Muhammad (hadith), and the opinions of scholars. The findings of the research indicate that the concept of ‘Aul serves as a mechanism to adjust inheritance portions when the total specified in the Qur’anic verses exceeds the actual available estate. On the other hand, the concept of Radd involves distributing the surplus of the estate to specific heirs after the primary distribution. ʻAbdullah bin ʻAbbās's ijtihad rejects the application of ‘Aul, arguing that adjusting inheritance portions is unnecessary based on his interpretation of Qur’anic verses. Regarding Radd, he opines that the surplus should not be given to spouses and grandmothers due to kinship reasons. His stance against ‘Aul does not guarantee fairness in inheritance distribution, a fundamental principle in Islamic law, unlike Radd which ensures a fair distribution and upholds the rights of specified heirs as prescribed by Shariah. Excluding grandmothers from receiving Radd inheritance is seen as inadequate in considering the principles of justice and balance in Islamic inheritance law, as grandmothers are among the heirs of aṣḥāb al-furūḍ through familial ties, distinct from spouses who inherit through marital relations. This research aims to contribute to the advancement of knowledge in the field of Islamic inheritance law (Fikih Mawārīṡ) and serve as a reference for future studies.
Co-Authors Indah Baharilla Irsyad Rafi Suleha Suleha